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Seeking the Court's Advice Kate Puddister

Seeking the Court's Advice By Kate Puddister

Seeking the Court's Advice by Kate Puddister


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Summary

The first comprehensive analysis of the Canadian reference power, Seeking the Court's Advice examines how policy makers use the courts strategically to achieve political ends.

Seeking the Court's Advice Summary

Seeking the Court's Advice: The Politics of the Canadian Reference Power by Kate Puddister

Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants - and governments often wield this power strategically. The first study of its kind, Seeking the Court's Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case - win or lose - is often secondary to the political benefits that can be attained from relying on courts through the reference power.

Seeking the Court's Advice Reviews

this is an excellent book that completely fills a major and unfortunate lacuna in the academic literature. It is well organized, well written, thorough and balanced, and it winds up with recommendations for better squaring the practice with judicial independence concerns.

A first book, you say, and by a very junior author? It certainly doesn't read that way-this is a polished work of mature scholarship. I recommend it highly.

-- Peter McCormick * Canadian Journal of Political Science *

About Kate Puddister

Kate Puddister is an assistant professor in the Department of Political Science at the University of Guelph. She has written on a wide range of topics related to law and politics, Canadian politics, and criminal justice policy. Her work has appeared in the Canadian Journal of Law and Society, Canadian Public Administration, and Publius: The Journal of Federalism.

Table of Contents

Introduction: Reference Cases as a Mix of Law and Politics

1 Origins and Implications of the Reference Power

2 Contestation and Reference Cases

3 Routine Politics and Nonroutine Litigation: References after 1949

4 It's Always a Little Bit of Politics: Why Governments Ask Reference Questions

5 Why Not Refer Everything? The Padlock Act and Blasphemy

6 Seeking the Court's Advice and the Delegation of Decision Making

Conclusion: A Legal Solution to Political Problems

Appendix A: Canadian Reference Legislation

Appendix B: Reference Case List

Notes; References; Index

Additional information

NGR9780774861106
9780774861106
077486110X
Seeking the Court's Advice: The Politics of the Canadian Reference Power by Kate Puddister
New
Hardback
University of British Columbia Press
2019-05-01
290
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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